Wash. Rev. Code » Title 9 · Chapter 9.98
Revised Code of Washington

Wash. Rev. Code § 9.98.010 (2026)

✓ current as of May 2026
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(1) Whenever a person has entered upon a term of imprisonment in a penal, correctional, or juvenile rehabilitation institution of this state, and whenever during the continuance of the term of imprisonment there is pending in this state any untried indictment, information, or complaint against the person, he or she shall be brought to trial within 120 days after he or she shall have caused to be delivered to the prosecuting attorney and the court in which the indictment, information, or complaint is pending written notice of the place of his or her imprisonment and his or her request for a final disposition to be made of the indictment, information, or complaint. The following time periods shall be excluded from the 120-day calculation:
(a) Arraignment, pretrial proceedings, trial, and sentencing on an unrelated charge in a different county than the court where the charge is pending;
(b) Proceedings related to competency to stand trial on the pending charge, from the entry of an evaluation order to the entry of a court order finding the person competent to proceed; and
(c) Time during which the person is detained in a federal jail or prison and subject to conditions of release not imposed by the state of Washington.
(2) The superintendent or the superintendent's designee who provides the certificate under subsection (4) of this section shall inform any prosecuting attorney or court requesting transportation of the person to resolve an untried indictment, information, or complaint of the person's current location and availability for trial. If the person is unavailable for transportation due to court proceedings in another county, the superintendent shall inform the prosecuting attorney or court when the person becomes available for transportation and provide a new certificate containing the information under subsection (4) of this section.
(3) For good cause shown in open court, with the person or his or her counsel having the right to be present, the court having jurisdiction of the matter may grant any necessary or reasonable continuance.
(4) The request of the person shall be accompanied by a certificate of the superintendent or the superintendent's designee having custody of the person, stating the term of commitment under which the person is being held, the time already served, the time remaining to be served on the sentence, the amount of good time earned, the earned release date of the person, and any decisions of the indeterminate sentence review board relating to the person.
(5) The written notice and request for final disposition referred to in subsection (1) of this section shall be given or sent by the person to the superintendent or the superintendent's designee having custody of him or her, who shall promptly forward it together with the certificate to the appropriate prosecuting attorney and superior, district, municipal, or juvenile court by certified mail, return receipt requested.
(6) The superintendent or the superintendent's designee having custody of the person shall promptly inform him or her in writing of the source and contents of any untried indictment, information, or complaint against him or her concerning which the superintendent or the superintendent's designee has knowledge and of his or her right to make a request for final disposition thereof.
(7) Escape from custody by the person subsequent to his or her execution of the request for final disposition referred to in subsection (1) of this section shall void the request.
[ 2021 c 265 s 1; 2011 c 336 s 345; 1999 c 143 s 33; 1959 c 56 s 1.]
Notes of Decisions
Cited in 14 cases, 1966–2015 · leading case: State v. Morris, 873 P.2d 561 (Wash. Ct. App. 1994).
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State v. Morris, 873 P.2d 561 (Wash. Ct. App. 1994). · cites it 27× “Morris's right to a speedy disposition pursuant to RCW 9.98.010 [1] was violated. We affirm.”
State v. Morris, 892 P.2d 734 (Wash. 1995). · cites it 20× “Under RCW 9.98.010, prisoners incarcerated within the state have a right to trial within 120 days on unrelated charges pending within the state.”
State v. Peeler, 349 P.3d 842 (Wash. 2015). · cites it 39× “RCW 9.98.010. Ryan Peeler was serving a prison sentence on a Snohomish County charge at the Washington Corrections Center (WCC) when he requested a final disposition of an untried charge in Skagit County.”
State v. Johnson, 483 P.2d 1261 (Wash. 1971). · cites it 6× “The defendant first contends that the trial court lost all jurisdiction to try the instant case, in view of RCW 9.98.010 and RCW 9.98.020. RCW 9.98.010 provides: Disposition of untried indictment, information, complaint — Procedure—Escape, effect.”
State v. Slattum, 295 P.3d 788 (Wash. Ct. App. 2013). “See RCW 9.98.010(1) (providing for right to request disposition of other pending charges “[w]henever a person has entered upon a term of imprisonment in a penal or correctional institution of this state .”
In Re the Pers. Restraint of Myers, 579 P.2d 1006 (Wash. Ct. App. 1978). · cites it 3× “First, he argues that his inquiries to prison officials concerning his probation status constituted a formal demand for a probation revocation hearing and served to bring him within the ambit of RCW 9.98.010, which states in part: (1) Whenever a person has entered upon a term of…”
State v. Young, 561 P.2d 204 (Wash. Ct. App. 1977). · cites it 4× “The State answered that the 60-day rule was not applicable since defendant was not being deprived of his freedom because of the pendency of the current criminal charges, but as a result of the earlier rape conviction and sentence.”
State v. Alexus, 588 P.2d 1171 (Wash. 1979). “RCW 9.98.010 requires that a person imprisoned in a state institution must be tried on charges remaining against him within 120 days of his request for a final disposition of such outstanding indictments.”
State v. Rolax, 503 P.2d 1093 (Wash. Ct. App. 1972). · cites it 2× “010 provides that when one has entered upon a term of imprisonment in a penal or correctional institution of the state and during the continuance of the term of imprisonment there is pending an untried information against him, he must be brought to trial within 120 days after he…”
State v. Lavine, 411 P.2d 436 (Wash. 1966). · cites it 2× “On November 4th, appellant moved to dismiss for want of jurisdiction and for failure to bring his case to trial within a 120-day time limit as specified in RCW 9.98.010 and 020. These motions were denied.”
State v. Rising, 552 P.2d 1056 (Wash. Ct. App. 1976). · cites it 6× “RCW 9.98.010 provides in relevant part: (1) Whenever a person has entered upon a term of imprisonment in a penal or correctional institution of this state, and whenever during the continuance of the term of imprisonment there is pending in this state any untried indictment,…”
State v. Mathers, 891 P.2d 738 (Wash. Ct. App. 1995). “Mathers makes several assignments of error pro se: (1) The trial court erred in not dismissing the charges, sua *495 sponte, because he was not brought to trial within 180 days, RCW 9.98.010(1); State v. Morris, 74 Wn. App.”
Show all 14 citing cases →
— Wash. Rev. Code § 9.98.010(1) — 8 cases
State v. Morris, 892 P.2d 734 (Wash. 1995). “Under RCW 9.98.010, prisoners incarcerated within the state have a right to trial within 120 days on unrelated charges pending within the state.”
State v. Peeler, 349 P.3d 842 (Wash. 2015). “RCW 9.98.010. Ryan Peeler was serving a prison sentence on a Snohomish County charge at the Washington Corrections Center (WCC) when he requested a final disposition of an untried charge in Skagit County.”
State v. Morris, 873 P.2d 561 (Wash. Ct. App. 1994). “Morris's right to a speedy disposition pursuant to RCW 9.98.010 [1] was violated. We affirm.”
State v. Slattum, 295 P.3d 788 (Wash. Ct. App. 2013). “See RCW 9.98.010(1) (providing for right to request disposition of other pending charges “[w]henever a person has entered upon a term of imprisonment in a penal or correctional institution of this state .”
In Re the Pers. Restraint of Myers, 579 P.2d 1006 (Wash. Ct. App. 1978). “First, he argues that his inquiries to prison officials concerning his probation status constituted a formal demand for a probation revocation hearing and served to bring him within the ambit of RCW 9.98.010, which states in part: (1) Whenever a person has entered upon a term of…”
— Wash. Rev. Code § 9.98.010(2) — 4 cases
State v. Morris, 892 P.2d 734 (Wash. 1995). “Under RCW 9.98.010, prisoners incarcerated within the state have a right to trial within 120 days on unrelated charges pending within the state.”
State v. Peeler, 349 P.3d 842 (Wash. 2015). “RCW 9.98.010. Ryan Peeler was serving a prison sentence on a Snohomish County charge at the Washington Corrections Center (WCC) when he requested a final disposition of an untried charge in Skagit County.”
State v. Morris, 873 P.2d 561 (Wash. Ct. App. 1994). “Morris's right to a speedy disposition pursuant to RCW 9.98.010 [1] was violated. We affirm.”
State v. Peeler (Wash. 2015).
— Wash. Rev. Code § 9.98.010(l) — 2 cases
State v. Morris, 892 P.2d 734 (Wash. 1995). “Under RCW 9.98.010, prisoners incarcerated within the state have a right to trial within 120 days on unrelated charges pending within the state.”
State v. Peeler, 349 P.3d 842 (Wash. 2015). “RCW 9.98.010. Ryan Peeler was serving a prison sentence on a Snohomish County charge at the Washington Corrections Center (WCC) when he requested a final disposition of an untried charge in Skagit County.”
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